Allahabad High Court
ROHIT SAINIversusSTATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY HOME, LUCKNOW
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The bail application is dismissed as withdrawn, with liberty to file a fresh application for the altered charges.
Summary
Rohit Saini filed a criminal miscellaneous bail application before the Allahabad High Court. During the pendency of the application, the charge against him was altered to Sections 105 and 190 of the Indian Penal Code (BNS). Counsel for the applicant sought permission to withdraw the pending bail application and to file a fresh application in respect of the newly altered charges. The Court considered the request and allowed the withdrawal of the bail application. It also granted the applicant liberty to move a fresh bail application before the appropriate court concerning the altered charges.
Issues considered
- Whether a bail application pending before the High Court can be withdrawn upon alteration of the charge.
- Whether the applicant may be granted liberty to file a fresh bail application in respect of the new charges.
Subjects
- bail
- charge alteration
- withdrawal of application
- Criminal Procedure Code
- Section 105 IPC
- Section 190 IPC
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 7136 of 2026
Rohit Saini
.....Applicant(s)
Versus
State Of Uttar Pradesh Through Principal Secretary
Home, Lucknow .....Opposite
Party(s)
Counsel for Applicant(s) : Adarsh Srivastava, Akhilesh Kumar
Tiwari, Reena Pal, Santosh Kumar
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Learned Counsel for the applicant has stated that the charge has now
been altered to one under Sections 105/190 BNS. As such, he states that
he may be permitted to withdraw this application with the liberty of
moving a fresh application before the appropriate Court in the newly
altered charges.
2. This application is dismissed as withdrawn with the above mentioned
liberty.
(Rajiv Lochan Shukla,J.)
September 9, 2026
Prashant D.
Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad
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